This week an African dictator’s playboy son goes on trial in
Paris for corruption and money laundering. This is a historic event: the first
time an accused kleptocrat who is still in power is being held accountable for
his actions. The case concerns Teodorin Obiang, the long suspected corrupt son
of the president-for-life of Equatorial Guinea, a small African nation that is
rich in oil and timber. Obiang, the country’s vice-president, is charged with laundering
US$112 million of state money to fund his lavish lifestyle in France. Although Equatorial Guinea has the highest
GDP per capita in Africa, most of its people live in devastating poverty, below
a dollar a day.

Global Witness has long investigated this paradox, and we
published our findings in two reports, Time for
Transparency in 2004 and The
Secret Life of a Shopaholic in 2009. Piecing together bank, mortgage and
corporate records, we revealed
in 2006 that Teodorin bought a US$30 million mansion in Malibu, California –
despite an official salary of US$4,000-5,000 a month as a minister in his
father’s government. Eight years later, Obiang had to give up this mansion after
an investigation by the US Department of Justice’s Kleptocracy Asset Recovery
Initiative. Several European countries have followed suit and are investigating
millions worth of villas, collector’s cars, a private jet and a yacht belonging
to Obiang.

The current case in France is similar to, and inspired by,
the US case, with two key differences. First, the US case was a civil
proceeding to seize Obiang’s assets and property, whereas the French case also includes
criminal charges against Obiang personally. And unlike the US case which was settled
out of court, the French trial will provide the first official, public record
of the full extent of grand corruption in Equatorial Guinea. In doing so, the
Paris trial, whatever the outcome, sends a powerful message to kleptocrats
everywhere that they can run, but they can’t hide, and justice will eventually
catch up with them, even if it takes a decade.

The importance of continuing
this fight against kleptocracy around the world cannot be overstated.
America has long played a leading role in this global fight, but the future of
that leadership is now coming into question, as the Trump
Administration disengages from a
number of important international initiatives and works with Congress to
dismantle critical transparency and public interest regulations at an
unprecedented pace.

Moreover, the moral authority of the US to lead this fight
is also in question, as US President Trump continues to be plagued by
allegations of violating an anti-corruption provision of the US Constitution
through his business dealings with foreign governments, as we argued
previously.

Trump’s stubborn refusal to divest from his private
businesses, as other presidents have done before him, has exposed him to three
high-profile legal challenges: one brought by a good government watchdog group Citizens
for Responsibility and Ethics in Washington, another brought by the state
of Maryland and District of Columbia, and finally one brought by nearly 200
members of Congress. All of these cases make a similar argument that Trump is
in violation of the constitutional prohibition on receiving so-called “emoluments”,
or private benefits, from any foreign government, as a result of his position.

Trump’s latest income
disclosure shows that he has made more than US$528.9 million since January
2016, including the first three months of his presidency. His hotel in
Washington, DC raked in nearly US$20 million since September 2016, and has been
a favorite go-to place of foreign
governments and industry
groups since he has taken office. The president, as any elected public
official, should not use their position to enrich themselves. Trump choosing to
retain ownership of his businesses risks just that, and brings with it major
corruption and conflicts of interest risks.

To be sure, Trump is no Obiang, and part of the purpose of
the emoluments provision of the Constitution is to ensure that our country
never comes close to that kind of kleptocracy. That is why one of the lawyers
working on these cases has described them as “anti-kleptocracy
cases”. It is critical, however, that these
provisions are enforced – if not in Congress as the constitution requires, then
in the courts.

With all eyes currently on the Obiang trial in Paris, Obiang’s
lawyer has requested a second postponement of the trial – which could delay it
by months or even years. Let’s hope the justice system prevails, both in France
and in the US, to ensure no leader who is shown to rob their country gets away
with impunity.